FUTURE LEGISLATION
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Forthcoming changes in the law brought to you by the Freight Transport Association Digital tachograph changes The second phase of changes due October 2012 to the specification (first phase in October 2011) looks to increase security. To detect tampering, information from an independent motion sensor will be checked against the vehicle unit and any discrepancies will be logged and reported as motion conflict events. Mandatory upgrade or retrofitment is not required.
Self-employed in scope of RTD The Road Transport Directive (RTD) required self-employed mobile workers to be included in the scope of the rules from 23 March 2009. UK legislation still excludes self-employed drivers because debates in Europe continued to make their introduction unclear. However, the Department for Transport is now working towards amending the GB rules in the spring. This will limit selfemployed drivers to a 48-hour working time average, a 60-hour cap and breaks from work. The UK regulations contain an important concession for those who are carrying on their own trade or business, so that the obligation to ensure the rules are met and to keep records falls on the self-employed driver, rather than their customers.
HSE cost recovery The government is proposing to introduce cost recovery for health and safety enforcement interventions in April 2012. Where an enforcement officer finds a material breach of regulations, the costs for all interventions, such as visits, phone calls, written advice (by letter or email), or issuing improvement or prohibition notices, will be charged using an hourly rate of about £124 until the issue is resolved by an improvement or a prosecution.
Northern Ireland operator licensing reform The Department of Environment intends to amend the operator licensing system to more closely align with the GB system, including the introduction of restricted licences for own account operations. Primary legislation is now in place and permits are due to be issued from May 2012.
Daytime running lamps (DRL) DRLs switch on automatically when the vehicle ignition switch enables the starting/ running of the engine. Already required for new van and car types, new vehicle truck types must have them fitted from 7 August 2012. There are no plans to retrofit or for older vehicles to have to use other lights in the daytime.
Tyre labelling An EU regulation requires all new tyres for sale to be classified and labelled for fuel efficiency, wet grip and noise performance from 1 November 2012. Similar to the labelling of household appliances, the labels will allow potential purchasers to more easily compare these characteristics.
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The Reporting of Injuries, Diseases and Dangerous Occurrences (Amendment) Regulations 2012, 6 April 2012 The qualifying period of incapacitation increases from over three to over seven days before an occupational injury or accident is required to be reported to HSE and the period of time to submit the report increases from 10 to 15 days. However, records of over three day incapacitation must be kept by employers for three years.
The Road Vehicles (Registration and Licensing) (Amendment) Regulations 2012, 1 April 2012 Reduced pollution certificate test fees are increased, but a discount is offered where tests are carried out at private premises.
The Goods Vehicles (Plating and Testing) (Amendment) Regulations 2012, 1 April 2012 Goods vehicle test fees are increased (by between 2.3% and 5.7%) at VOSA test stations, but decreased (by between 1.5% and 3.7%) if carried out elsewhere. The Motor Vehicles (Tests) (Amendment) Regulations 2012, 1 April 2012 MoT test fees in relation to Class VI and vehicle import approvals vehicles are increased (by between 2.1% and 5%) at VOSA test stations, but decreased (by between 1.2 % and 2.4%) if carried out at other types of test stations.
The Goods Vehicles (Licensing of Operators) (Fees) (Amendment) Regulations 2012, 1 April 2012 Goods vehicle operator licensing fees increase by between 1.6 and 3%. For example, the renewal fee will increase from £391 to £397.
The Road Vehicles (Registration and Licensing) (Amendment) (No.2) Regulations 2012, 23 March 2012 Reduced pollution certificates for early adopters of the Euro-5 emissions standards for large goods vehicles are introduced. This gives a reduction in vehicle excise duty of up to £500 per year up until December 2016.